Kunkel v. First National Bank of Devils Lake

GIERKE, Justice.

Jeanne Kunkel, d/b/a Precious Moments, appeals from a summary judgment dismissing her action against the First National Bank of Devils Lake (First National) for damages incurred as a result of its allegedly negligent payment of a check over a stop payment order. Because genuine issues of material fact remain to be resolved, we reverse and remand for trial.

The evidence, viewed in the light most favorable to the appellant, reflects that pri- or to their marriage, Jeanne Kunkel and Roger Kunkel executed a promissory note and mortgage with the Ramsey National Bank and Trust…